Talk about an understatement …

I could – and do – tell a lot of stories about this. Over thirty years of working for and against large health care and insurance institutions – and expert witnesses responsible for the education of young doctors in training – makes me appreciate (immensely) professional efforts like this. Health law plays a crucial role […]

Physicians Assistants Are Not Doctors

You might assume that a physicians’ assistant is working under the close supervision of a physician. In my experience, you would be mistaken. The nurse practitioner will see you now. It’s not the phrase most people are accustomed to hearing, but it’s increasingly the case, with patients more likely than ever to see providers with […]

Surgeon’s Recorded OR Conversation About His Suboxone Prescription Is Admissible

It isn’t easy to develop evidence that your surgeon was under the influence. I know. I’ve done it. In a 49-page opinion comparing the saga to both a traditional opera and a TV soap opera, Allegheny County Court of Common Pleas Judge Philip J. Ignelzi said that while rival doctors Jonathan D’Cunha and Lara Schaheen […]

Vicarious Liability Quacking Like A Duck

I got nuthin’. Wait … I do. Dear Hospital Counsel – stop litigating this nonsense. “Taking a broader view of the relationship between RMF and Burke, we emphasize that those parties deliberately chose to use the term ’employee’ in their agreement,” the appeals court said. “They could have used the term ‘independent contractor,’ but they […]

$8.5M Med Mal Verdict For Death After Routine Knee Surgery

A jury has awarded $8.5 million to the wife and estate of a patient who died after a routine knee-replacement surgery at a private surgical practice based in Glastonbury. In many cases, anesthesia is the culprit in such shocking outcomes but in this case it was the failure to detect and treat a fatal blood […]

Quality Fraud: The Insurance Industry Gets It All Wrong

After lobbying legislatures for “tort reform” for decades, the number of medical malpractice claims – especially what they used to call “frivolous” claims – has gone down. Has that lowered rates for physicians? Of course not. But instead of accepting responsibility, the insurance industry now blames “nuclear claims” and other imaginary foes to explain their […]

Hospitals have begun to use the technology to help reduce medical errors and improve patient safety.

Black boxes on airplanes record detailed information about flights. Now, a technology that goes by the same name and captures just about everything that goes on in an operating room during a surgery is making its way into hospitals. Here is the link: Hospital ‘Black Boxes’ Put Surgical Practices Under the Microscope: Hospitals have begun […]

Researching The Quality of Your Medical Care

“The AMA strongly believes patients should have access to reliable information about physicians, and state regulatory agencies are best positioned to offer well-balanced information to help patients make informed decisions about physicians,” an AMA spokesperson said in a statement. Trial lawyers shouldn’t be the only ones with access to relevant information about the background of […]

Georgetown Study: Medical Malpractice Is Not Random

Physicians with a single paid claim are 4x as likely to have a future claim than physicians with zero paid claims.  We find a similar pattern in both high-risk and lower-risk specialties.  We also find no evidence that public disclosure of paid claims has any impact on these patterns — meaning there is no “blood […]